Cooksey v. Mutual Life Ins. Co.
| Decision Date | 19 November 1904 |
| Citation | 83 S.W. 317 |
| Parties | COOKSEY v. MUTUAL LIFE INS. CO. OF NEW YORK. |
| Court | Arkansas Supreme Court |
Appeal from Circuit Court, Washington County; John N. Tillman, Judge.
Action by Geo. Cooksey, administrator of Thos. Cooksey, deceased, against the Mutual Life Insurance Company of New York. From a judgment for defendant, plaintiff appeals. Affirmed.
E. B. Wall, for appellant. Rose, Hemingway & Rose, for appellee.
Geo. Cooksey, as administrator of the estate of his brother, Thos. Cooksey, sued the Mutual Life Insurance Company of New York upon an alleged contract of insurance executed by that company upon the life of said Thos. Cooksey. It is not claimed that a policy of insurance was issued to Thos. Cooksey by the company, but the following facts are asserted and shown by the record: On November 27, 1900, Thos. Cooksey made application to appellee for insurance through one Carothers, who was a soliciting agent acting under appellee's general agent for the state of Arkansas. The application signed by Cooksey was made upon a printed form containing the following clause: "I have paid $____ to the subscribing soliciting agent, who has furnished me with a binding receipt therefor, signed by the secretary of the company, making the insurance in force from this date, provided this application shall be approved, and the policy duly signed by the secretary at the head office of the company and issued." The solicitor, Carothers, executed to Thos. Cooksey a receipt in the following form: The applicant was examined on the same date by a physician selected by the solicitor, who recommended acceptance of the application. It was proven at the trial that the application was received at the office of the general agent in Little Rock on December 3, 1900, and forwarded to the home office in New York, where it was received on December 7th; that the medical examination was approved by the physician in charge of the medical...
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